TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING

CHAPTER 17 OSTEOPATHIC MEDICINE

PART 3 RENEWAL AND CONTINUING EDUCATION REQUIREMENTS

16.17.3.1 ISSUING AGENCY: Regulation and Licensing Department - New Mexico Board of Osteopathic Medicine.

[16.17.3.1 NMAC - N, 6/11/2018]

16.17.3.2 SCOPE: All licensed osteopathic physicians.

[16.17.3.2 NMAC - N, 6/11/2018]

16.17.3.3 STATUTORY AUTHORITY: These rules of practice and procedure govern the practice of osteopathic medicine in New Mexico and are promulgated pursuant to and in accordance with the Osteopathic Medicine Act, Sections 61-10-5 NMSA 1978.

[16.17.3.3 NMAC - N, 6/11/2018]

16.17.3.4 DURATION: Permanent.

[16.17.3.4 NMAC - N, 6/11/2018]

16.17.3.5 EFFECTIVE DATE: June 11, 2018, unless a later date is cited at the end of a section.

[16.17.3.5 NMAC - N, 6/11/2018]

16.17.3.6 OBJECTIVE: To establish renewal procedures and continuing education requirements for licensees to renew their license.

[16.17.3.6 NMAC - N, 6/11/2018]

16.17.3.7 DEFINITIONS: See 16.17.1.7 NMAC

[16.17.3.7 NMAC - N, 6/11/2018]

16.17.3.8 TRIENNIAL RENEWAL OF LICENSE:

A. On or before July 1 of the triennial year, all physicians must submit an application for renewal form provided by the board. Physicians who fail to renew their certificates as of July 1 will be subject to suspension of their license. Effective July 1, 2019 all license renewals will begin a staggered renewal schedule until the board administrator determines that all licenses are on a triennial renewal cycle. Any fees associated with license renewals during this period will be adjusted.

B. The board will select renewal applications for verification of continuing education. Audit requests will be included with the renewal notice and those selected individuals will be required to submit proof of compliance with the continuing education requirements. Continuing education records may be audited by the board at any time.

C. Physicians must submit a triennial renewal fee.

[16.17.3.8 NMAC - N, 6/11/2018]

16.17.3.9 CME CREDITS REQUIRED:

A. The New Mexico board of osteopathic medicine will require proof of having attended and received 75 credits of continuing medical education over the triennial renewal cycle. At least 30 credits shall be AOA category 1-A or category 1-B or a combination thereof. Forty-five credits can be CCME, AMA, ACCME, AAFP, AACOM, or AAPS.

B. One credit of required CME must be earned by reviewing the New Mexico Osteopathic Medical Practice Act and these board rules. Physicians must certify that they have completed this review at the time they submit their triennial renewal application. Review the rules and statutes by attestation upon initial licensure and renewal.

C. Continuing medical education is not required for federal emergency, telemedicine, postgraduate training, temporary teaching or youth camp or school licenses.

D. Six CME credits in pain management must be earned and may apply toward the 75 credits required in Subsection A of this section and may be included as part of the required CME credits in pain management in either the triennial cycle in which these credits are completed.

E. Those osteopathic physicians who are licensed in New Mexico, but not practicing in the state, or osteopathic physicians who do not possess a New Mexico controlled substance license are exempt from the requirements found in Subsection D.

[16.17.3.9 NMAC - N, 6/11/2018, A, 11/8/2020]

16.17.3.10 ACCEPTABLE AS CME:

A. The board will also accept active membership in the American osteopathic association as long as all other requirements for CME are met.

B. Certification or re-certification by a specialty board during the triennial cycle.

C. Passage of the COMVEX or SPEX during the triennial cycle.

[16.17.3.10 NMAC - N, 6/11/2018]

16.17.3.11 CME Allowed courses and providers:

A. AOA or AMA. Clinical courses approved for CCME, AOA or AMA, ACCME, AAFP, AACOM, or AAPS category 1-A, 1- B are approved.

B. Post graduate education. Internship, residency or fellowship: 40 credits per year during service in post graduate educational programs approved by CCME, AMA, ACGME and AACOM.

C. Advanced degrees. Education for an advanced degree in a medical field or medically related field: 40 credits are allowed for each full academic year of study.

D. Self-assessment tests. Self- assessment tests given by medical associations and other educational institutions approved by the board will be accepted for credit if the test is scored by an institution approved by the board. A total of not more than 35 credits will be granted for self-assessment tests completed during a triennial period.

E. Teaching. One credit is allowed for each clock hour of teaching of medical students or physicians in an approved accredited medical school or approved internship or residency program or in institutions or programs approved by the board.

F. Physician preceptor. Physicians, approved by an accredited medical school to act as preceptors for students, will be granted a maximum of 30 credits during a triennial period.

G. Papers or publications. Ten credits may be claimed for each scientific paper or publication. A paper must be presented to a recognized international, national, regional or state medical society or other organization whose membership is primarily composed of physicians. A publication must appear in a regularly recognized medical or medically related scientific journal. Scientific material used in the paper or publication may be credited only once. No more than 30 credits may be claimed in a triennial period.

H. Cardio-pulmonary resuscitation. Credit may be claimed during each triennial reporting period for successful completion of ACLS (advanced cardiac life support), PALS (pediatric advanced life support), ATLS (advanced trauma life support) and NALS (neonatal advanced life support) courses.

I. Expert review. Credit may be claimed by physicians who provide expert services by reviewing investigation cases for the board. A maximum of 10 credits in any triennial reporting period are allowed for providing expert view.

[16.17.3.11 NMAC - N, 6/11/2018]

16.17.3.12 VERIFICATION OF CME:

A. Each physician renewing a license shall attest that they have obtained the required credits of CME on the renewal form. The board will select renewal applications for audit to verify completion of acceptable CME. Audit requests will be included with the renewal notice and those selected physicians will be required to submit proof of compliance with the continuing education requirements. The board may audit CME records at any time. CME records must be maintained for one year following the renewal cycle in which they are earned.

B. The board, or a designee of the board, may offer any physician who is unable to provide required documentation upon request a settlement in lieu of initiating disciplinary action. Settlements may include a letter of reprimand and a $500 fine, reportable to the healthcare integrity and protection data bank.

C. Any physician who fails to respond to a CME audit shall be considered in violation of Section 61-10-19 NMSA 1978 of the Osteopathic Medicine Act, failure to provide the board with information requested by the board. Potential sanctions include fines, letters of reprimand, or license suspension or revocation.

D. The auditor shall include CME credits earned six months prior of the current triennial cycle when assessing whether an osteopathic physician has earned the required 75 CME credits.

[16.17.3.12 NMAC - N, 6/11/2018]

16.17.3.13 ACCEPTABLE DOCUMENTATION OF CME INCLUDES:

A. Photocopies of original certificates or official letters from course sponsors or online providers, the chief of service, the course director, or an equivalent authority.

B. Postgraduate CME credits must be documented and attested either by the dean of the medical school, the chief of service, the course director, or an equivalent authority.

C. Advanced degree studies must be documented and attested either by the dean of the medical school, the chief of service, the course director, or an equivalent authority.

D. Teaching credits must be documented and attested either by the dean of the medical school, the chief of service, the course director, or an equivalent authority.

E. Preceptor credits must be documented and attested either by the dean of the medical school, the chief of service, the course director, or an equivalent authority.

F. Papers or publications must be documented with a copy.

[16.17.3.13 NMAC - N, 6/11/2018]

16.17.3.14 EMERGENCY DEFERRAL: A physician unable to fulfill the CME requirements prior to the date of license expiration may apply to the board for an emergency deferral of the requirements. The chair or a designee of the board may grant deferrals of up to 90 days.

A. In case of illness or other documented circumstances, the board may grant an additional extension of time in which the necessary credits may be earned. The request must be made in writing at the time of renewal and approved by the board.

B. A licensee practicing or residing outside the United States (US) shall not be required to fulfill the CME requirements for the period of the absence. The board must be notified prior to license expiration that the licensee will be outside the US, including the period of the absence. Upon return to the US, the licensee shall complete the CME required for the years of practice within the US during the renewal cycle, or apply for an emergency deferral.

[16.17.3.14 NMAC - N, 6/11/2018]

HISTORY OF 16.17.3 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the state records center and archives:

BOSE 69-1, Practice Guide for Osteopathic Physicians and Surgeons in New Mexico, filed 6-5-1969.

Rule 3, Licensure by Examination, filed 12-7-1988.

Rule 4, Licensure by Endorsement, filed 12-7-1988.

Rule 5, Temporary License, filed 12-7-1988.

History of Repealed Material: Rule 3, Licensure by Examination (filed 12-7-1988); Rule 4, Licensure by Endorsement, (filed 12-7-1988); Rule 5, Temporary License, (filed 12-7-1988) repealed 10-29-2004.

16.17.3 NMAC, Examination, Endorsement and Temporary License Requirements, repealed effective 6/11/2018.

Other History:

Rule 3, Licensure by Examination (filed 12-7-1988); Rule 4, Licensure by Endorsement, (filed 12-7-1988); and Rule 5, Temporary License (filed 12-7-1988); all replaced by 16.17.3 NMAC, Examination, Endorsement and Temporary License Requirements, effective 10-29-2004.